Loading...
HomeMy WebLinkAbout04-242 Resolution No. 04-242 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MORSE ELECTRIC, INC. FOR THE OTTER CREEK LIFT STATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that David M.Dorgan,City Manager,and Dolonna Mecum, City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Morse Electric, Inc., for repairs to the Otter Creek Lift Station, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: September 8, 2004 Adopted: September 8, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT is hereby made and entered into this (3774 day of S' E , 2004 , by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "City" ) and MORSE ELECTRIC, INC. , an Illinois corporation (hereinafter referred to as "Contractor" ) . WHEREAS, Owner owns certain property commonly known as the Otter Creek. Lift Station which was damaged due to flooding; WHEREAS, Contractor is expert in the repair of such flood damage; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereby hereto agree as follows : ARTICLE 1 . WORK 1 . 01 Contractor shall complete all Work as indicated in the Contract documents. The Work is generally described as those items listed in correspondence dated May 3 , 2004 from James H. Fruit to Owner, attached hereto and made a part hereof as Attachment A, and further shall include : 1 . Remove, clean wire/connections and replace with new equipment : • One explosion proof exit light • One explosion proof horn • One explosion proof remote EM (Stairway) • One explosion proof Strobe • One non-magnetic breaker for the Grinder • One explosion proof door switch • Nine Explosion proof 300W wall fixtures, one in stairway and eight in basement • One grinder motor. Morse Electric will disconnect and deliver one old motor to the factory, pick up one new motor and reconnect • Disconnect and clean all float connections . 2 . Remove, clean wire and connections and replace with new equipment : • Two gas detectors, two level transmitters and two level probes 3 . Demo existing sealoffs and replace existing cable to devices . 4 . Power wash and paint items per the memorandum dated June 3 , 2004 , attached hereto as Attachment "C" . 1 . 02 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as : Repair of Otter Creek Pumping Station Flood Damage . ARTICLE 2 . ENGINEER 2 .01 The Project has been initiated by Baxter & Woodman, Inc. , Consulting Engineers, hereinafter called Engineer, who shall act as Owner' s representative and assume the duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 . CONTRACT TIME 3 .01 The Work shall be completed as provided in the contract documents . The Work will be substantially completed on or before 9/20 )mmgmmomx 2004, and completed and ready for final payment on or before November 30, 2004 . 3 .02 In the event Contractor is delayed in the prosecution and completion of the Work or achievement of any contract times because of any delays caused by City or Engineer, Contractor shall have no claim against City or Engineer for damages or contract adjustment other than an extension of the contract times as provided for herein. ARTICLE 4 . CONTRACT PRICE 4 .01 Owner shall pay Contractor the total sum of $33, 710 . 00 for completion of the Work in accordance with the conditions and prices stated in Contractor' s Proposal, attached hereto as Attachment B, pursuant to the provisions of this Agreement. ARTICLE 5 . PAYMENT PROCEDURES 5 . 01 City shall make payments on the basis of Contractor' s applications for payment as recommended by Engineer not more than once per month.` All payments shall be based on the progress of the Work measured by the schedules provided in the contract documents. 5.02 The City shall not be required to make final payment prior to completion and acceptance of the Work by the City. ARTICLE 6 . CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations : 6.01 Contractor has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6 .02 Contractor has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations and explorations which pertain to the physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work at - 2 - the Contract Price, within the Contract times and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes . 6 . 03 Contractor has given Engineer written notice of all conflicts, errors or discrepancies that he/she has discovered in the Contract documents and the written resolution thereof by ENGINEER is acceptable to Contractor. ARTICLE 7 . CONTRACT DOCUMENTS 7 . 01 The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the Work consist of this Agreement, Insurance Certificates, Notice of Award, Notice to Proceed, Baxter & Woodman, Inc . May 3 , 2004 Letter, Contractor' s proposal and all written Amendments issued after the Effective Date of the Agreement . 7 .02 There are no Contract Documents other than those listed above in this Article 7 . The Contract Documents may only be amended in writing. ARTICLE 8 . MISCELLANEOUS 8 . 01 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitations, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) , and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents . 8 . 02 City and Contractor each binds itself, its partners, successors, employees, assigns, and agents to the other party hereto, its partners, successors, employees, assigns, and agents in respect of all covenants, agreements and obligations contained in the Contract Documents . 8 . 03 The business address of Contractor is hereby designated as to the place to which all notices, letters, and other communication to Contractor shall be mailed or delivered. The address of City is hereby designated as the place to which all notice, letters, and other communications to City shall be mailed or delivered. Such notices, letters, and other communications shall be directed to the City' s General Services Manager. Either party may change its address at any time by an instrument in writing delivered to Engineer and to the other party. 8 . 04 The terms and provisions of this Agreement shall be severable. In the event any of the terms or provisions of this - 3 - Agreement shall be deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect . 8 . 05 This Agreement shall be subject to and governed by the laws of the State of Illinois . Venue for the resolution of any disputes and the enforcement of any rights arising out of or in connection with this Agreement shall be in the Circuit Court of Kane County, Illinois . 8 . 06 This Agreement shall not be construed so as to create a partnership, joint venture, employment or agency relationship between the parties hereto except as may specifically be provided for herein. 8 . 07 In the event of any conflict between any of the terms or provisions of this Agreement and any other contract documents, the terms and provisions of this Agreement shall control . 8 . 08 To the fullest extent permitted by law, Contractor agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against and all claims, suits, judgments, costs, attorney' s fees, damages or any and all other relief or liability arising out of or resulting from or through, or alleged arise out of any negligent acts or omissions of Contractor or Contractor' s officers, employees, agents or subcontractors in the performance of this Agreement . In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of City' s choosing. ARTICLE 9 . OTHER PROVISIONS 9 . 01 Contractor certifies that it is not barred from bidding the Work or executing this Agreement as a result of conviction for violation of 720 ILCS 5/33 et seq. prohibited bid rigging or bid rotating. 9. 02 Contractor agrees to employ Illinois laborers in accordance with the "Employment of Illinois Workers on Public Works Act" if at the time this Agreement is executed, or if during the term of this Agreement, there is excessive unemployment in Illinois as defined in the Employment of Illinois Workers on Public Works Act, 30, ILCS 570/0 . 01 et seq. , as two consecutive months of unemployment exceeding 5% . An "Illinois laborer" is defined as any person who has resided in Illinois for at least thirty (30) days and intends to become or remain an Illinois resident . ARTICLE 10 . INSURANCE 10 . 01 Contractor shall provide City with insurance coverage as follows : - 4 - Each policy must list the City as an additional insured. The Contractor and all Subcontractors waive subrogation rights against the City for all losses . Such insurance shall apply as primary insurance with respect to any other insurance or self-insurance program afforded to the City of Elgin. There shall be no endorsement or modification of such insurance to make it excess over other available insurance, and alternatively, if the insurance states that it is excess or pro rata, it shall be endorsed to be primary with respect to the City of Elgin. The insurance required shall include all major division of coverage and shall be on a comprehensive general basis including Premise and Operations (including X-C-U) , Products and Completed Operations, and Owned, Non-owned, Leased, and Hired Motor Vehicles . Such insurance shall be written for not less than any limits of liability required by law or the following limits, whichever is greater: Commercial Liability General Aggregate $2 Million Products Completed Operations $1 Million Aggregate $1 Million Personal Injury and Advertising Limit $1 Million Each Occurrence $1 Million Excess Liability $2 Million Automotive for all owned, non-owned, hired and leased vehicles Combined single limit $1 Million Or Bodily injury-each person $ 500, 000 Each accident $1 Million Property damage-each occurrence $1 Million Umbrella $2 Million Combined single limit $2 Million General aggregate $2 Million Worker' s Compensation Statutory $1 Million Employer' s Liability $ 100, 000 The Contractor may purchase and maintain excess liability insurance in the umbrella form in order to satisfy the limits of liability required for the insurance to be purchased and maintained in accordance with the requirements set forth above. Any such amounts must be in addition to the umbrella limits required, must list all underlying policies, and must list the City as an additional insured. Evidence of such excess liability shall be delivered to the City in the same form and manner as the required insurance policies . The City reserves the right, at its sole discretion, to amend the insurance requirements contained herein. - 5 - All insurance shall be written on an occurrence basis, unless the City approves in writing coverage on a claims-made basis. Coverages whether written on an occurrence or a claims-made basis shall be maintained without interruption from the date of commencement of the work until the date of final payment and termination of any coverage required to be maintained after final payment . Certificates of insurance acceptable to the City and confirming the insurance coverage required herein are attached to the Contract . The City shall have no obligation to execute the Contract and may award the Contract to the next lowest responsible and responsive bidder, if such insurance certificates have not been provided to the City within fifteen (15) business days after presentation of the Contract to the Contractor for execution. The Contractor shall furnish to the City copies of any endorsements that are subsequently issued amending limits of coverage. Additional insureds referenced in Article 5 shall be as follows: Owner: City of Elgin Address : 150 Dexter Court, Elgin, Illinois 60120-5555 Engineer: Baxter & Woodman, Inc. Address : 8678 Ridgefield Road, Crystal Lake, Illinois 60012 Other: Fox River Water Reclamation District Address : Raymond Street & Purify Drive, P.O. Box 92, Elgin, Illinois 60121 ARTICLE 11 . ADDRESSES FOR NOTICES SHALL BE AS FOLLOWS: For City of Elgin For Morse Electric, Inc. 150 Dexter Court 4560 Shepherd Trail Elgin, Illinois 60120 Rockford, Illinois 61103 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement as of the day and year first above written. FOR THE CITY: FOR MORSE ELECTRIC, ,INC. : 11 � B , i A By City Manage , J +e A Lamm A,st Corporate Secretary Attest : N614--?‘-‘1-- City Clerk F:\Legal Dept\Agreement\Morse Electric-Otter Creek Lift Stn Repair.doc - 6 - BAXTER F I L IOW, WOODMAN May 3,2004• CunsultingEngineers City of Elgin • 150 Dexter Court Elgin,Illinois 601705555 Attention: Joe Kuta,P.E. • Subject: Elgin-Otter Creek Pumping Station Flood:Damage Dear Mr. Kuta: Per your request we have investigated the dau'ia e caused by the flooding of the. pumping station wet well. It appears that the well flooded to within approximately eight feet of the first floor of the structure. The following is our opinion of the required repairs as determined by our investigation: 1. There is considerable debris adhered to the walls. This consists mostly of farm field materials, silts, grasses, etc. The walls should be power washed to remove these materials. The application of a disinfectant might also be advisable. • 2. There are considerable silts and deposits on all flat surfaces in the channels, on top of duct work, etc. Even though it could not be observed, it is anticipated that such a silt layer is inside the duct work also. This will have to be removed and washed out We were not able to observe, but it is assumed that the sewer that introduced the flow to the pumping station may have considerable silt in it also. This also should be cleaned out so as to not re-introduce silts to the pumping station. 3. All of the slide gates should be cleaned out with special attention paid to the inverts. The gates should be operated through their full range to assure there is no interference to operation. 4. The overhead gantry was completely submerged. It should be cleaned, corrosion removed and re-painted. 5. The single door that was submerged is made of fiberglass. The finish hardware for the doors should be removed and cleaned of corrosion. 6. All air-locked electrical conduits that serve affected equipment should be drained and explosion proof seal-offs re-established.. Disconnect, clean and reconnect all wire cornice Lions including wire nut splices. • 7. The grinder has submersible flygt motor, so theoretically it should have survived the submergence. But, when we opened the motor connection box, it was discovered that water had leaked into the box 5678 Rid YerRidgefieldRoad and may have also entered the motor windings. Submersible motors s should not leak so we spoke with Mike Leshane of JWC Crystal Lake,IL 60012 Environmental (manufacturer) and representatives of Peterson & Matz 515.459.1:60 (local distributor). They will exchange the motor with a new one under their warranty. Removal, reinstallation and logistics would be Ea,R15_455.0460 for the repair crew. in fo@ baawood.cyan Attachment A OTO/600'a LGLE# oriz rrdi^laoOM LI2Zx'dg OgtO 6o0Z,EO.Nnr 'BAXTER only 1 WOODMAN May3,2004 Consulting Engineers • Page 2 • 8. Clean out the inside of the explosion proof enclosure for the grinder disconnect switch. Replace the molded case swite:lr with a new • O.E.M. switch inside the enclosure. 9. The fire alarm horn/strobe should be removed and replaced with a new identical unit_ 10. All lighting fixtures should have the lamp sockets cleaned or replaced per the manufactures recommendations, replace all lanps and clean all • lenses. 11. Replace the level transmitters with new Endress& Hauser "Deltapilot" DB53A through U.S. Filter, the original systems provider. 12. Replace the 02 monitor with a new BW Technologies #GP-XD through U.S.Filter. 13. Replace the H2S monitor with a new BW Tecimologies #GP-HD through U.S. Filter. The above listed repairs are those that were obvious during our investigation. It is possible that other items may be discovered that were not obvious at that time. Since the greatest share of the above listed repairs is labor, it is difficult to determine the related costs. We anticipate that the cost to repair may be approximately$25,000. Please advise if we can be of any further assistance in this matter. Very truly yours, BAXTER& WOODMAN, INC. CONSULTING ENGINEERS James H. Fruit • • JHF:mh C: Mr. Pertzborn, P.E., Senior Engineer Mr. Darrel R. Gavle,P.E. Mr. Paul R. Ruseko,P.E. Mr. William B. Sprague, Jr. H:IPROAELONC■04048710¢er Creel:1''101pin6 Station Hood Dsmsga.dW. OIO/O1O'd L9L£# out NVWIaOOM / XKS Gy60 5Sb ;TB ci :OI UOOZ,£O'unr UU/1Z/ 6VV= Viv11 VlU YV/r ZVVU 1&Vt►NL LLLv 4UI LW LVV . „i i,i, COVER FAX Electric, Inc . SHEET Freport/Roc kfnrd/D u t?uq ue • DATE: June 14, 2004 From the Desk of... To: Baxter&Woodman KEITH NELSON ATTN: Mr. Jim Fruit 4560 SHEPHERD TRAIL FAX: 455-0450 ROCKFORD, IL 61103 SUBJECT: Otter Creek Flood 815.637.8000 - ExT_ 321 FAx: 815.282.4889 PAGES: 1 Pages, including this cover sheet Per your request, please note the following cost breakout for the above referenced project, per your fax dated May 3, 2004. Item#1: Remove, clean wire/connections and replace with new equipment: • One explosion proof exit light. • One explosion proof horn. • One explosion proof remote EM (Stairway) • One explosion proof Strobe. • One non-magnetic breaker for the Grinder. • One explosion proof door switch_ • Nine explosion proof 300w wall fixtures, one in stairway and eight in basement_ • One grinder motor. Morse Electric will disconnect and deliver one old motor to the factory, pick up one new motor and reconnect. • Disconnect and clean all float connections. • Labor I$2,480.00 Material/$6,870.00 TOTAL COST: $9,350,00 Item#2: Remove, clean wire and connections and replace with new equipment: • Two gas detectors, two level transmitters and two level probes. Labor/$720.00 Materiel/$7,210.00 TOTAL COST: $ 1,930.00 Item#3: Demo existing sealoffs and replace existing cable to devices: ")` Labor/$2,210.00 Material 1$420.00 TOTAL COST: $2,630.00 Note: The existing wall mount fixture type has been changed slightly by Crouse Hinds. Crouse Hinds and the fire alarm equipment suppliers recommend replacing the fixtures. Power wash and paint items per your fax dated June 3, 2004: Add: $13,800.00 • We believe builders risk insurance is not applicable. However, if insisted there is a minimum charge. Please ADD: $2,500.00 Thank you for the opportunity to quote this work. Please call our office it you have any questions or if you need additional information. Aj, . ATTACHMENT B i 1OC4 ,10T krwl7PnnhA b 17,7TV1-7n t, v OF f(C �J $,G` „y� City of Elgin Agenda Item No. E t L August 20, 2004 G 401 Lo N TO: Mayor and Members of the City Council I FINANCIALLY STABLE CIT Y GOVERNMENT EFFICIENT SERVICES. FROM: David M. Dorgan, City Manager AND CILWLITYINFRASTRUCTURE John M. Loete, Public Works Directo SUBJECT: Otter Creek Lift Station Repair Contract PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider awarding a contract to Morse Electric to repair damage to the Otter Creek Lift Station. RECOMMENDATION It is recommended that the City Council award the subject contract to Morse Electric, Inc. in the amount of$33,710.00 and authorize staff to execute the contract. BACKGROUND During the last weekend of March of this year, the Otter Creek Lift Station was flooded with storm water as a result of major failure of work on the interceptor sewer being constructed by the "Venture Group". The Venture Group consists of three developers (Pulte, Town & Country, and Kimball Hill) in the Far West developments who will be served by the sewer. The failure occurred when Fitchie Creek overflowed its banks during a heavy rain and inundated the open trench for the interceptor sewer under construction. The last section of pipe put into the trench was exposed and plugged to keep out debris. The large volume of creek water caused the end pipe to float and separate from the sewer line sending an enormous slug of water to the Otter Creek Lift Station. The rush of water overwhelmed the lift station causing extensive damage to electrical equipment and filling the lift station with mud and debris. Staff contacted the lift station design engineer, Baxter and Woodman, to evaluate the damage and prepare specifications to have it repaired. They ultimately were asked to negotiate the cost of the repairs with the electrical subcontractor employed in the original construction of the lift station. By utilizing this electrical subcontractor, Morse Electric, warranties on the equipment would remain intact. In addition, the contractor's familiarity with the equipment will facilitate proper repair and/or replacement of all damaged row components. t Otter Creek Lift Station Repair Contract August 20, 2004 Page 2 On May 12, 2004, the Venture Group was informed that they would have to establish an escrow account with the City to clean and repair the lift station. As of the first of August,this has yet to occur although the Venture Group's representative stated that they are preparing a check for the City. The funds received from the Venture Group will be utilized to clean and repair the lift station and provide necessary engineering services. It is imperative that the lift station be restored to full working order as soon as possible and staff would like to proceed with approval of the contract now. Once the escrow check is received, the contractor can be directed to proceed. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Bill Hupperich, P.E., Manhard Consultants, representing the Venture Group , NANCIAL IMPACT The contract with Morse Electric to clean and repair the lift station totals $33,710.00. Other costs include Baxter and Woodman's evaluation of the damage, contract preparation and project oversight. These costs are being charged on a time and material basis and are estimated to be less than$5,500. In light of the cooperative effort between the City and the Venture Group, City staff time (estimated at 10 to 15 hours) will not be billed. The Venture Group has been asked to set up a$40,000 escrow account with the City to pay all costs the City encounters. L GAL IMPACT The proposed contract with Morse Electric would require an exception to the procurement ordinance. ALTERNATIVES 1. Accept the Contract with Morse Electric. 2. Reject the Contract and develop a standard bid document for general bidding. Respectfully submitted for Council consideration. (do) Attachments